Nairobi Senator Edwin Sifuna has accused the Independent Electoral and Boundaries Commission (IEBC) of engaging in what he termed “legal gymnastics” to avoid adhering to the constitutional 90-day limit for conducting by-elections.

In a strongly worded post on his official X account on Thursday, August 14, 2025, Sifuna took issue with the commission’s latest press release, in which IEBC sought to clarify the timelines for holding by-elections after the issuance of writs. He claimed the clarification amounted to “fake news,” insisting that the Constitution is clear on the matter.

“Rich, how do you include #StopFakeNews on a post that is entirely fake news. You are performing legal gymnastics to justify an open violation of the Constitution,” Sifuna wrote.

He argued that the 90-day timeline was not arbitrary but anchored in the principle of ensuring uninterrupted representation for citizens.

“The reason why you are required to conduct by-elections WITHIN 90 days of the writs is because of the broader importance of representation in the constitutional order. Whatever the circumstances, you need to have considered that,” he said, adding that he suspected the electoral body “never actually counted the days,” a lapse he described as dangerous, given the commission’s mandate revolves around accurate counting.

Sifuna’s remarks came hours after the IEBC issued a public statement responding to criticism over delays in setting by-election dates. In its press release, the commission explained that while the Constitution prescribes 90 days from the date writs are issued, certain logistical and procedural considerations, including procurement timelines, nomination processes, and public participation requirements, can affect the scheduling.

The commission also cited Article 259, which provides guidance when constitutional timelines have lapsed, allowing flexibility in cases where compliance with the 90-day rule is hindered by factors beyond its control. The IEBC affirmed its commitment to upholding constitutional provisions while ensuring that elections are conducted credibly, transparently, and in an orderly manner.

However, Sifuna dismissed the explanation, warning that stretching the law could set a dangerous precedent for future electoral processes. He cautioned that any delay undermines the right of citizens to have timely representation in Parliament and county assemblies, and could erode public trust in the commission’s impartiality.

The debate over the 90-day rule has gained prominence as several constituencies and wards remain without elected representatives months after vacancies arose. Observers note that the standoff between political leaders and the IEBC underscores the broader tension between constitutional timelines and the practical realities of election management in Kenya.

By Sifuna’s account, the solution is simple: “count the days” and deliver elections on time.